What is the statue of limitations on filling a claim on a possible mesothelioma case?

My husband died in March this year and the doctor said that she was 90% sure that he had mesothelioma, but the autopsy said lung cancer.
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Thomas Joseph Lamb

Thomas Joseph Lamb

Contributor Level 4
To start, please accept my condolences.

The statute of limitations for a wrongful death case is what would determine the filing deadline for this possible asbestos lawsuit, and that statute is state-specific. Across the country the range is one-year in a few states to two-years or three-years in most states. If you let me know the state of residence for your late husband at the time of his death I can be more precise.

As for the idea that there might be mesothelioma involved in your late husband's death, the autopsy may or may not be definitive. There are some pathology tests that can assist with making the diagnosis of mesothelioma, and it is possible that the autopsy process did not involve any of those tests. Even if it was lung cancer (as opposed to mesothelioma) that was involved with the death, you may still have a viable asbestos lawsuit depending on the several factors.

I suggest you have an asbestos-mesothelioma lawyer investigate this possible asbestos lawsuit for you. The attached resource, "Asbestos-Related Diseases and Legal Compensation", can help you get your bearings as regards this legal situation.

If you have any additional questions pertaining to this matter, feel free to contact me.

My best to you and your family in all aspects going forward.


Tom Lamb
Attorney
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